The Senate approved the Official Secrets (Amendment) Bill, 2023, following the government’s decision to withdraw an amendment allowing intelligence agencies to conduct warrantless searches. The initially proposed clause, which caused concern among several senators, was subjected to intense deliberation within the concerned committee and in the House. The controversial clause would have permitted intelligence agencies to enter or search any person or place without a warrant, bypassing the traditional requirement of a magistrate-issued search warrant based on reasonable suspicion of a crime being committed. After a thorough discussion, the government withdrew the amendment, deleting the clause.
Clarification and Passage of the Bill
The Federal Law and Justice Minister, Senator Azam Nazeer Tarar, detailed the bill’s content to the Senate, explaining further revisions made by the government. An amendment to Section 4 (communication with an enemy or foreign agents to be evidence of the commission of a certain offense) was made, adding the term “knowingly” to ensure that accidental visits are not used against individuals.
The newly added Section 6-A (unauthorized disclosure of identities) was discussed, establishing the disclosure of identities of intelligence agency members and their sources as a punishable offense. The bill also changed the definition of “documents” to include modern devices and enhanced the powers of the Federal Investigation Agency (FIA), which remained the primary agency under the bill. Despite criticism from some senators, the bill was passed in the Senate, deemed in the national interest.